Below you will find excerpts from the Rhode Island Supreme Court, Horton v Horton from 2006 concerning emotional abuse. The Horton decision emphasizes that fault may play a significant role in equitable division of marital assets in RI. This case focuses on emotional abuse and financial abuse in divorce. This case is presented by Rhode Island divorce attorney David Slepkow who has over 27 years of experience in Providence Family Court.
“The Award of 58 Percent of the Marital Estate”
“Duane also argues that the findings of fact which the trial justice made prior to ruling on the allocation of the marital estate were not supported by the evidence and resulted instead from the trial justice’s misconstruction or misconception of the testimony presented at trial. Specifically, Duane contends that it was error for the trial justice to find that “[d]uring the [eleven] year marriage * * * the Defendant dominated the Plaintiff in all areas of her life” and that “the Defendant, was able to maintain this power and control over his wife by both economic domination and emotional abuse.” Supreme Court of Rhode Island. Josephine K. HORTON v. Duane M. HORTON. No. 2004-353-Appeal. Decided: February 27, 2006 Present: WILLIAMS, C.J., GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ.M. Teresa Paiva-Weed, Newport, for Plaintiff. Christopher E. Friel, for Defendant.
Findings in divorce “supported by the evidence”
“It is our opinion that these findings by the trial justice were supported by the evidence in the record, and our review of the record has revealed no instance in which the trial justice misconstrued or misconceived the testimony presented at trial. For example, as the trial justice noted, Josephine was required to obtain permission from Duane before she undertook ordinary daily tasks such as purchasing gasoline for the family’s car. Further, unless she agreed to purchase gasoline at certain specific gas stations, such permission would be denied. Josephine conceded during trial that she had become involved in what the trial justice characterized as a “quagmire of debt”; but she also testified that, from the time that that occurred, she was required to account for literally every cent that she spent-and her failure to do so would result in Duane’s refusal to provide her with any money the following day.” Id.
Emotional abuse : “inappropriate control over his wife”
“In addition, the record supports the trial justice’s finding that Duane maintained inappropriate control over his wife by means of the manner in which he emotionally abused her. For example, Josephine testified that Duane was constantly “putting her down” and saying that she was stupid. In addition, she testified that participating in what she referred to as the “intimate” aspects of the marriage became “mandatory.” Duane presented no evidence to contradict Josephine’s testimony with respect to his controlling her, and it is our view that the trial justice properly construed the testimony and properly concluded that Duane had exerted undue financial and emotional control over Josephine during their marriage. Further, the trial justice carefully considered the factors enumerated in § 15-5-16.1 before proceeding to equitably distribute the property. Accordingly, we affirm the trial justice’s award of 58 percent of the marital estate to Josephine.” Id.
Providence divorce lawyer, David Slepkow
If you are in need of a Restraining order attorney or a divorce lawyer in Rhode Island, call East Providence divorce attorney David Slepkow.
Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice